1 – Statistical confidentiality shall aim at safeguarding citizens' privacy and ensuring trust in the National Statistical System.
2 – All individual statistical data collected by statistical authorities are confidential, and therefore:
a) They cannot be supplied to any persons or entities and any certificate shall be issued thereon, without prejudice to the provisions of Article 18 (3);
b) No service or authority shall order or authorise their examination;
c) They cannot be disclosed in a way that allows for the direct or indirect identification of the individuals and enterprises to which they refer;
d) They shall be covered by professional secrecy, even after termination of service, as regards all staff, agents or other persons who, on whatever ground, handle such data in the performance or by reason of their duties or functions related to official statistical activity.
3 – Unless otherwise provided by law, individual statistical data on general government, shall not be covered by statistical confidentiality.
4 – Individual business statistical data, as well as those on the entrepreneurial or professional activity of individuals, shall not be covered by statistical confidentiality when they are:
a) Published under law, namely for being part of public registers;
b) Made available in groups, variable or set in variables.
5 – Statistical data on individuals cannot be supplied, unless the respective subjects have given their express consent or upon authorisation of the Statistical Council. The latter shall decide on a case-by-case basis on duly substantiated requests when serious public health grounds are stake, as long as data are anonymised and used exclusively for statistical purposes, subject to an explicit commitment of absolute secrecy with regard to the data provided.
6 – Individual business statistical data cannot be supplied, unless the respective representatives have given their express consent or upon authorisation of the Statistical Council. The latter shall decide on a case-by-case basis on duly substantiated requests when serious grounds are at stake, such as public health. economic planning and coordination, external economic relations or environment protection, and as long as data are used exclusively for statistical purposes, subject to an explicit commitment of absolute secrecy with regard to the data provided.
7 – In cases other than those envisaged in the foregoing paragraphs, individual statistical data on individuals and enterprises shall only be supplied for scientific purposes, if anonymised, upon an agreement signed between the statistical authority supplying the data and the entity requesting them. This agreement shall define the technical and organisational measures deemed necessary to ensure the protection of confidential data and avoid any risk of illicit dissemination or use for other purposes when output is released.
8 – Requests for data supply made within the scope of a specific scientific project, by researchers in universities or other legally recognizes higher education institutions and scientific investigation organizations, institutions or departments recognised by the competent services shall be considered as targeting scientific purposes.
9 – Individual statistical data kept for historical purposes shall lose confidentiality:
a) For individuals — 50 years after the date of death of the respective data subjects, if it is known, or 75 years after the date of the documents;
b) For enterprises — 75 years after the date of the documents.
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